NDPS Advocate in Chandigarh
What is NDPS Act?
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
Anyone who contravenes the NDPS Act will face punishment based on the quantity of the banned substance, mentioned in the notification issued by the Govt.
- where the contravention involves a small quantity, with rigorous imprisonment for a term which may extend to 1 year, or with a fine which may extend to ₹10,000 or both;
- where the contravention involves a quantity lesser than commercial quantity but greater than a small quantity, with rigorous imprisonment for a term which may extend to 10 years and with fine which may extend to ₹1 lakh;
- where the contravention involves a commercial quantity, with rigorous imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and also a fine which shall not be less than ₹1 lakh but which may extend to ₹2 lakh.
The table showing the Small quantity and Commercial quantity of drugs can be viewed/downloaded from here.
Anticipatory Bail in NDPS Cases
Anything provided under NDPS Act will prevail over the general law. The offences under the NDPS act are considered to be more serious nature than usual and also viewed with more security by the Courts. Moreover, the cases of NDPS are always dealt by the Special Court.
Person apprehending arrest under NDPS matter must approach the Court for the grant of concession of Bail. However, it is up to the court and facts of the circumstances, that the Bail would be granted by the court or not? Thus the Anticipatory Bail under section 438 CrPC is very much maintainable in NDPS act cases.
Regular Bail in NDPS Cases:
If the person get arrested in the NDPS act matter irrespective of recovery of contraband, the accused person has the right to seek the concession of Regular bail from the competent court of law. However, section 37 of the NDPS puts some restrictions for the grant of bail under the act. So, subject to such conditions, the court can always grant the bail to the accused.
It is to be noted here that sometimes the the substance does not fall under the NDPS Act but under the Drugs and Cosmetics Act. Therefore the entire proceedings under NDPS Act is vitiated and the accused person is entitled for the Bail as the offence is not under NDPS Act and thus the bar of Section 37 does not apply. Our experts at VLA keep a keen eye on these points while dealing with such NDPS cases.
NDPS Appeal and Suspension of Sentence:
Whenever a judgment of conviction is passed, and the accused person is ordered to be convicted under NDPS or any matter involving criminal offences, then the accused person has the right to appeal before the Appellate court by way of challenging the said conviction order. And During the pendency of said criminal appeal, accused person also has the right to seek the concession of bail i.e. suspension of sentence till the pendency of criminal appeal.
We at Verma Law Associates (VLA) deals with such cases of NDPS Act in a very sincere & diligent manner. Our specialized NDPS Advocate in Chandigarh gives their best in order to get the accused person released from the custody. Our experienced NDPS Advocate in Chandigarh keep themselves updated with dynamicity of Law in this category.